He could have evaded; he could have delegated the duty to another member,—have made the facts known, have had the witnesses canvassed, have set the machinery in motion, without himself appearing at all. “But, Mr. Speaker,” with an arrogant port, “it is not my habit to beat about the bush. I may be maligned by my foes, I may be misinterpreted by my friends, I may be misjudged even by my constituents, but it is my principle to come forth openly, and let my personal feeling weigh for whatever it may be worth.” He paused for a moment, stroking his yellow beard with an excited gesture, his flushed face grave, his eyes intent, absorbed; his whole presence instinct with determination, a hazardous tenacity, a ponderous force. Then dropping his voice to the artificial dead-level elocutionary intonation, he proceeded to make a formal motion that a committee be appointed to investigate and report upon the accusations brought against Judge Gwinnan, charging him with having fought a duel, thus being disqualified for office; and with perjury in taking the official oath. There was an interval of absolute silence when he had resumed his seat. Significant glances were interchanged. It seemed that the motion would be lost, until a little bland, cat-like fellow arose to say in a falsetto voice, “Mr. Speaker, I second the motion.” Kinsard turned his indolent anatomy about and looked with a scathing eye at the little man, as, flushed and flustered, he took his seat. There was no possible propriety in the charge of collusion; the two members had all the liberties of consultation and coöperation. Then why, he argued within himself, should Forsey look like a cat stealing cream? Bestirring his recollection, he recalled in him a certain willingness to think ill of Judge Gwinnan when previously threatened by Harshaw; and still dredging for a motive, he remembered, though it happened some years ago, that Gwinnan, sitting as special judge, had blocked the game of a big public contract swindle, in which Forsey had had a large money interest. Forsey had not the nerve of Harshaw, who was looking about him in reddening displeasure and frowning prognostication of the baffling of his vengeance. If he had indeed no backing but the irresolute Mr. Forsey, the measure would be defeated by a most triumphant majority. The prospect roused all his belligerent spirit, and he held up his head with a snort of defiant welcome, like a war-horse smelling the battle from afar, when, the question being stated from the chair, a member rose to say that he doubted the jurisdiction of the House. “If this matter be reported correctly as I have heard it during the last two or three days,—to my very great surprise,—if Judge Gwinnan be disqualified by reason of having before his incumbency fought a duel, then he never was a judge except _de facto_. As I understand it, only an officer _de jure_ can be impeached for crimes committed in office.”